Saturday, January 26, 2019

Pardon in administrativecases does not generally result in automatic reinstatement. The offender has to apply for reappointment. He is not entitled to back wages.

See - http://www.csc.gov.ph/forum/forum/questions-available-remedies/119-grant-of-executive-clemency


"x x x.

Please be informed that as a matter of policy, we do not render opinions or rulings on issues that may eventually be the subject of a complaint or appeal.

However, it is worth emphasizing that it is firmly established that while a pardon has generally been regarded as blotting out the existence of guilt so that in the eyes of the law the offender is as innocent as though he never committed the offense, it does not operate for all purposes. The very essence of a pardon is forgiveness or remission of guilt and not forgetfulness. It does not erase the fact of the commission of the crime and the conviction thereof. Pardon frees the individual from all the penalties and legal disabilities and restores to him all his civil rights. Unless expressly grounded on the person's innocence, it cannot bring back lost reputation for honesty, integrity and fair dealing.

The pardoned offender regains his eligibility for appointment to public office which was forfeited by reason of the conviction of the offense. But since pardon does not generally result in automatic reinstatement because the offender has to apply for reappointment, he is not entitled to back wages.


Meaning the grant of executive clemency does not carry with it the restoration of the CS eligibility unless expressly stated by the President and the period that he/she was out of the government service shall be considered as a gap from the service.


- Civil Service Commission Website Forum

x x x."